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Anderson v. Brinkhoff9/27/1993
erwise would ignore the clear definitional requirement of ยง 8-41-108(3)." Id. at 489. We disagree. The statute does not invite a weighing of the various hazards to which a worker has been exposed throughout his lifetime -- some occupational, some not -- in determining whether a particular disease is occupational. Rather, it operates to ensure that a particular disease results from a hazard which is occupational in nature. We agree with the court of appeals in Masdin; where there is no evidence that occupational exposure to a hazard is a necessary precondition to development of the disease, the claimant suffers from an occupational disease only to the extent that the occupational exposure contributed to the disability.
No party asserts that the cause of Anderson's disease is occupational in nature -- alpha 1 antitrypsin deficiency is genetic. Additionally, it is undisputed that the occupational exposure was not a necessary precondition to the development of the disease. However, Anderson asserts that the aggravation of his condition is compensable in that occupational exposure to dust accelerated the disease's progress. We agree. The risk associated with the exposure to sawdust and other airborne particulate matter is greater for a carpenter than the risk of exposure outside the workplace. Thus, the risk, or hazard, of the aggravation of Anderson's disease was occupational in nature, and is compensable. The ALJ found that occupational dust exposure was a co-equal aggravating factor in the acceleration of Anderson's emphysema, and therefore 50% of his disease was attributable to occupational exposure. Because this percentage is supported by the evidence, Anderson is entitled to an award based upon it.
Accordingly, we reverse and remand to the court of appeals with directions to reverse the Industrial Claim Appeals Office, and to direct it to reinstate the order of the Administrative Law Judge.
Disposition
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
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